Agenda Item 89
Report of the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the
Occupied Territories Resolution
54/76
(Adopted on 6 December 1999/Vote: 84-2-67) The
General Assembly, Guided,
by the purposes and principles of the Charter of the United Nations, Guided
also by the principles of international humanitarian law, in particular the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of 12 August
1949, as well as
international standards of human rights, in particular the Universal Declaration of
Human Rights and the
International Covenants on Human Rights, Recalling
its relevant resolutions, including resolution 2443 (XXIII) of
19 December 1968, and relevant resolutions of the Commission on Human Rights, Recalling
also relevant resolutions of the Security Council, Aware
of the lasting impact of the uprising (intifada) of the Palestinian people, Convinced
that occupation itself represents a gross violation of human rights, Having
considered the reports of the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied
Territories and the
relevant reports of the Secretary-General, Recalling
the signing of the Declaration of Principles on Interim Self-Government Arrangements by
the Government of Israel and the Palestine Liberation Organization in Washington, D.C., on
13 September 1993, as well as the subsequent implementation agreements, including the
Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip signed in
Washington, D.C., on 28 September 1995, and the recent signing of the Sharm el-Sheikh
Memorandum on 4 September 1999, Expressing
the hope that, with the progress of the peace process, the Israeli occupation will be
brought to an end and therefore violation of the human rights of the Palestinian people
will cease, 1.
Commends
the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the
Palestinian People and Other Arabs of the Occupied Territories for its efforts in
performing the tasks assigned to it by the General Assembly and for its impartiality; 2.
Demands
that Israel cooperate with the Special Committee in implementing its mandate; 3.
Deplores
those policies and practices of Israel which violate the human rights of the Palestinian
people and other Arabs of the occupied territories, as reflected in the reports of the
Special Committee covering the reporting period; 4.
Expresses
concern about the situation in the Occupied Palestinian Territory, including
Jerusalem, as a result of Israeli practices and measures; 5.
Requests
the Special Committee, pending complete termination of the Israeli occupation, to continue
to investigate Israeli policies and practices in the Occupied Palestinian Territory,
including Jerusalem, and other Arab territories occupied by Israel since 1967, especially
Israeli lack of compliance with the provisions of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, and to consult, as
appropriate, with the International Committee of the Red Cross according to its
regulations in order to ensure that the welfare and human rights of the peoples of the
occupied territories are safeguarded and to report to the Secretary-General as soon as
possible and whenever the need arises thereafter; 6.
Also
requests the Special Committee to submit regularly to the Secretary-General periodic
reports on the current situation in the Occupied Palestinian Territory, including
Jerusalem; 7.
Further
requests the Special Committee to continue to investigate the treatment of prisoners
in the Occupied Palestinian Territory, including Jerusalem, and other Arab territories
occupied by Israel since 1967; 8.
Requests
the Secretary-General: (a)
To
provide the Special Committee with all necessary facilities, including those required for
its visits to the occupied territories, so that it may investigate the Israeli policies
and practices referred to in the present resolution; (b)
To
continue to make available such additional staff as may be necessary to assist the Special
Committee in the performance of its tasks; (c)
To
circulate regularly to Member States the periodic reports mentioned in paragraph 6
above; (d)
To
ensure the widest circulation of the reports of the Special Committee and of information
regarding its activities and findings, by all means available, through the Department of
Public Information of the Secretariat and, where necessary, to reprint those reports of
the Special Committee that are no longer available; (e)
To
report to the General Assembly at its fifty-fifth session on the tasks entrusted to him in
the present resolution; 9.
Decides
to include in the provisional agenda of its fifty-fifth session the item entitled Report
of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of
the Palestinian People and Other Arabs of the Occupied Territories. Agenda
Item 89
Applicability of the
Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12
August 1949, to the Occupied Palestinian Territory, including Jerusalem, and
the other occupied Arab territories The
General Assembly, Recalling
its relevant resolutions, Bearing
in mind the relevant resolutions of the Security Council, Having
considered the reports of the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied
Territories and the relevant
reports of the Secretary-General, Considering
that the promotion of respect for the obligations arising from the Charter of the United
Nations and other instruments and rules of international law is among the basic purposes
and principles of the United Nations, Noting the convening of the meeting
of experts of the High Contracting Parties to the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, in Geneva from 27 to 29
October 1998, at the initiative of Government of Switzerland in its capacity as the
depositary of the Convention, concerning general problems of application of the Convention
in general and, in particular, in occupied territories,
Noting also
the convening on 15 July 1999 for the first time of a Conference of High Contracting
Parties to the Fourth Geneva Convention, as recommended by the General Assembly in its
resolution ES-10/6 of 9 February 1999, on measures to enforce the Convention in the
Occupied Palestinian Territory, including Jerusalem, and to ensure respect thereof in
accordance with common article 1, and aware of the Statement adopted by the Conference, Stressing
that Israel, the occupying Power, should comply strictly with its obligations under
international law, 1.
Reaffirms
that the Geneva Convention relative to the Protection of Civilian Persons in Time of War,
of 12 August 1949, is
applicable to the Occupied Palestinian Territory, including Jerusalem, and other Arab
territories occupied by Israel since 1967; 2.
Demands
that Israel accept the de jure applicability of the Convention in the
Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied
by Israel since 1967, and that it comply scrupulously with the provisions of the
Convention; 3.
Calls
upon
all States parties to the Convention, in accordance with common article 1 to the four
Geneva Conventions,
to exert all efforts in order to ensure respect for its provisions by Israel, the
occupying Power, in the Occupied Palestinian Territory, including Jerusalem, and other
Arab territories occupied by Israel since 1967; 4.
Reiterates the need for speedy
implementation of the recommendations contained in resolutions ES-10/3 of 15 July 1997,
ES-10/4 of 13 November 1997, ES-10/5 of 17 March 1998 and ES-10/6 of 9 February 1999 with
regard to ensuring respect by Israel, the occupying Power, for the provisions of the
Fourth Geneva Convention; 5. Requests the Secretary-General to report to the General Assembly at its fifty-fifth session on the implementation of the present resolution. Agenda
Item 89 Resolution
54/78
(Adopted on 6 December 1999/ Vote: 149-3-3) Israeli settlements in the Occupied Palestinian
Territory, including Jerusalem, and the occupied Syrian Golan The
General Assembly, Guided
by the principles of the Charter of the United Nations, and affirming the inadmissibility
of the acquisition of territory by force, Recalling
its relevant resolutions, including those adopted at its tenth emergency special session,
as well as relevant Security Council resolutions, including resolutions 242 (1967) of 22
November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980 and 497 (1981) of
17 December 1981, Reaffirming
the applicability of the Geneva Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including Jerusalem, and to
the occupied Syrian Golan, Aware of the
Middle East peace process started at Madrid and the agreements reached between the
parties, in particular the Declaration of Principles on Interim Self-Government
Arrangements of 13 September 1993 and the Israeli-Palestinian Interim Agreement on the West Bank and
the Gaza Strip of 28 September 1995, Expressing
grave concern about the continuation by Israel of settlement activities, including the
ongoing construction
of the new settlement in Jabal Abu-Ghneim, in violation of international humanitarian law,
relevant United Nations resolutions and the agreements reached between the parties, Taking into consideration the detrimental impact of Israeli settlement
policies, decisions and activities on the Middle East peace process, Gravely
concerned in particular
about the dangerous situation resulting from actions taken by the illegal armed Israeli
settlers in the occupied territory, as illustrated by the massacre of Palestinian
worshippers by an illegal Israeli settler in Al-Khalil on 25 February 1994, Taking
note of the report of the Secretary-General, 1.
Reaffirms
that Israeli settlements in the Palestinian territory, including Jerusalem, and in the
occupied Syrian Golan are illegal and an obstacle to peace and economic and social
development; 2.
Calls
upon Israel to accept the de jure applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the
Occupied Palestinian Territory, including Jerusalem, and to the occupied Syrian Golan and
to abide scrupulously by the provisions of the Convention, in particular article 49; 3.
Demands
complete cessation of the construction of the new settlement in Jabal Abu-Ghneim and of
all Israeli settlement activities in the Occupied Palestinian Territory, including
Jerusalem, and in the occupied Syrian Golan; 4.
Stresses
the need for full implementation of Security Council resolution 904 (1994) of 18 March
1994, in which, among other things, the Council called upon Israel, the occupying Power,
to continue to take and implement measures, including, inter alia,
confiscation of arms, with the aim of preventing illegal acts of violence by Israeli
settlers, and called for measures to be taken to guarantee the safety and protection of
the Palestinian civilians in the occupied territory;
5.
Requests
the Secretary-General to report to the General Assembly at its fifty-fifth session on the
implementation of the present resolution. Agenda
Item 89 Resolution
54/79
(Adopted on 6 December 1999/Vote: 150-2-3) The
General Assembly, Recalling
its relevant resolutions, including those adopted at its tenth emergency special session,
and the resolutions of the Commission on Human Rights, Bearing
in mind the relevant resolutions of the Security Council, the most recent of which are
resolutions 904 (1994) of 18 March 1994 and 1073 (1996) of 28 September 1996, Having
considered the reports of the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied
Territories and the
reports of the Secretary-General, Aware
of the responsibility of the international community to promote human rights and ensure
respect for international law, Reaffirming
the principle of the inadmissibility of the acquisition of territory by force, Reaffirming
also the applicability of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including Jerusalem,
and other Arab territories occupied by Israel since 1967, Recalling
the signing of the Declaration of Principles on Interim Self-Government Arrangements by
the Government of the State of Israel and the Palestine Liberation Organization in
Washington, D.C., on 13 September 1993, as well as the subsequent implementation agreements, including the
Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip signed in
Washington, D.C., on 28 September 1995, and the signing of the Sharm el-Sheikh Memorandum
on 4 September 1999, Noting
the withdrawal of the Israeli army, which took place in the Gaza Strip and the Jericho
Area, and the subsequent Israeli redeployments in accordance with the agreements reached
between the parties, Concerned
about the continuing violation of the human rights of the Palestinian people by Israel,
the occupying Power, including the use of collective punishment, closure of areas,
annexation and establishment of settlements and the continuing actions by it designed to
change the legal status, geographical nature and demographic composition of the Occupied
Palestinian Territory, including Jerusalem, Convinced
of the positive impact of a temporary international or foreign presence in the Occupied
Palestinian Territory for the safety and protection of the Palestinian people, Convinced
of the need for the full implementation of Security Council resolutions 904 (1994) and
1073 (1996), 1.
Determines
that all measures and actions taken by Israel, the occupying Power, in the Occupied
Palestinian Territory, including Jerusalem, in violation of the relevant provisions of the
Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12
August 1949, and contrary to the relevant resolutions of the Security Council, are illegal
and have no validity and that such measures should cease immediately; 2.
Demands
that Israel, the occupying Power, cease all practices and actions which violate the human
rights of the Palestinian people; 3.
Stresses
the need to preserve the territorial integrity of all the Occupied Palestinian Territory
and to guarantee the freedom of movement of persons and goods within the Palestinian
territory, including the removal of restrictions on movement into and from East Jerusalem,
and the freedom of movement to and from the outside world; 4.
Calls
upon Israel, the occupying Power, to accelerate the release of all remaining
Palestinians arbitrarily detained or imprisoned, in line with agreements reached; 5.
Calls
for complete respect by Israel, the occupying Power, of all fundamental freedoms of the
Palestinian people; 6.
Requests
the Secretary-General to report to the General Assembly at its fifty-fifth session on the
implementation of the present resolution. 6 A/48/486-S/26560, annex; see Official Records of the Security Council, Forty-eighth Year, Supplement for October, November and December 1993, document S/26560. |